Najukrao Vitthalrao Wagurwagh ... vs Dadarao Gonduji Jamnik And Others
2021 Latest Caselaw 3706 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           : NAGPUR BENCH : NAGPUR.

                             WRIT PETITION NO. 1265 OF 2020
                   NAJUKRAO VITTHALRAO WAHURWAGH AND OTHERS
                                     VERSUS
                       DADARAO GONDUJI JAMNIK AND OTHERS
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Office Notes, Office Memoranda of                           Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                        Mr. Atharv Manohar, Advocate for the petitioners
                        Mrs. M. A. Barabde, A.G.P. for respondent no.6

                                 CORAM : V. M. DESHPANDE, J.

DATE : FEBRUARY 26, 2021.

Heard Mr. Atharv Manohar, learned counsel for the petitioners/reporting trustees.

2. The Change Report filed by the petitioner no.1 - Najukrao Wahurwagh was accepted by the learned Deputy Charity Commissioner, Akola vide judgment dated 25.04.2019 in Enquiry No. 129/2019. Against the said, respondent nos.1 to 3 filed an Appeal bearing Appeal No.74 of 2019. The said appeal is allowed by the learned Joint Charity Commissioner, Amravati Region, Amravati on 28.11.2019 and dismissed the change report.

3. It is the submission of Mr. Manohar, learned counsel for the petitioners that when the Appellate Authority is observing that it was the appellants' case that their signatures were forged, in such an event, the Appellate Authority ought to have remanded the matter back for giving an opportunity to the parties to prove as to whether the signatures were forged or not.

4. I am satisfied that the petitioners have made out a case for issuance of notice. Hence, issue notice for final disposal to the respondents.

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5. Mrs. M.A. Barabde, learned Assistant Government Pleader waives service for respondent no.6.

6. Notice to respondent nos.1 to 5 is made returnable after four weeks.

                                         JUDGE
Diwale




                                                       Digitally signed
                                                       by Parag
                                         Parag         Diwale

                                         Diwale        Date:
                                                       2021.02.26
                                                       18:19:18 +0530